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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38136
Experience:  Retired (mostly)
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I AM A SALARIED MANAGER REQUIRED TO WORK 50 HOURS AND I AM ...

Customer Question

I AM A SALARIED MANAGER REQUIRED TO WORK 50 HOURS AND I AM NOT COMPENSATED FOR THE EXTRA HOURS I HAVE TO WORK. I RECENTLY MISSED JUST UNDER 8 HOURS AND WAS DEDUCTED AN AVERAGE OF 2 DAYS. OTHER MANAGERS ARE NOT ALWAYS DEDUCTED. OTHER MANAGERS ARE GIVEN OPPORTUNITY TO MAKE UP MISSED SHIFTS. IS THIS ETHICAL OR ALLOWED IN FLORIDA
Submitted: 8 years ago.
Category: Legal
Expert:  socrateaser replied 8 years ago.

If you are an exempt employee (salaried), then your employer cannot cut your salary based on the hours that you work. If you work one second of a workweek you are entitled to be paid for the entire week, with certain exceptions, not relevent to your facts.

Your employer can make a deduction if you are absent for personal reasons not associated with non-job related sickness or injury, assuming that the employer has provided for certain paid leave.

Your facts strongly suggest that you are being unfairly treated and that your employer could be subject to a wage claim complaint through the U.S. Department of Labor.

For the precise regulations, see http://edocket.access.gpo.gov/cfr_2005/julqtr/29cfr541.602.htm

If you want to complain, see: http://www.dol.gov/esa/whd/regs/compliance/fairpay/complaint.htm

 

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